1. It is legal for the boss to deduct the training fee because of the employee's resignation.
2. Paragraph 1 of Article 22 of the Labor Contract Law stipulates: "If an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employees to stipulate the service period." The training mentioned here refers to "special training", which is mainly used to improve a certain skill of employees, not on-the-job training. In practice, many units regard the induction training of new employees as special training, which does not meet the requirements.
3. Paragraph 2 of Article 22 of the Labor Contract Law stipulates: "If a laborer violates the service period agreement, he shall pay liquidated damages to the employer as agreed. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period. " This article clearly points out that the liquidated damages set by the employer and the employee for violating the training service period cannot exceed the training expenses provided by the employer. In other words, there is no training fee and no liquidated damages can be set up.
At this time, what is the training cost is controversial. Some units say that I use the training teachers and equipment of my own unit for the training of employees, and I also pay employees during the training, and I also spend a lot of training fees. There is some truth in this statement. However, the legislative intent of the Labor Contract Law is to protect the extra expenses paid by employers for the training of workers. Even without training, training teachers, equipment and wages in our own units will still happen. It is unfair to count the training expenses as liquidated damages. At the same time, there are some difficulties in accounting these fees, and it is difficult to get the support of the arbitration department.
Generally speaking, if it can be included in the training fee, you must first have a charging voucher for external training. For example, training invoices provided by training companies and training expenditure lists provided by foreign companies. Followed by travel expenses, accommodation expenses, catering expenses, etc. What is generated around external training is training expenses, which can be included in the category of training expenses. Of course, these expenses must also have proof of expenditure.
2. Under what circumstances can the employee terminate the labor contract?
1, the employee and the employer reach an agreement through consultation;
2. The employee shall notify the employer in writing 30 days in advance;
3. The employee notifies the employer 3 days in advance during the probation period;
4, the employer fails to provide labor protection or working conditions in accordance with the labor contract;
5. The employer fails to pay labor remuneration in full and on time;
6, the employer fails to pay social insurance premiums for workers according to law;
7. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
8. The employer uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change the labor contract against his true meaning;
9. The employer exempts itself from legal liability in the labor contract and excludes the rights of workers;
10, the employer violates the mandatory provisions of laws and administrative regulations;
1 1. The employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom;
12, the employer illegally directs and forces risky operations to endanger the personal safety of workers;
13. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.
What needs to be pointed out here is that under the condition that the employer does not violate the law, there is generally no economic compensation for the laborer to voluntarily terminate the labor contract.
Through Bian Xiao's introduction, we can know that it is legal to deduct the training fee if an agreement is signed in the process of employee training, but it is illegal to deduct it privately if it is not professional training. If you have any questions about the above related contents, you can consult relevant lawyers.
Tips:
The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If you are involved in contract issues stipulated in civil law #
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